A BILL to repeal §30-7B-8 and §30-7B-9 of the Code of West
Virginia, 1931, as amended; to amend said code by adding
thereto a new section, designated §18C-3-4; and to amend and
reenact §30-7B-1, §30-7B-2, §30-7B-3, §30-7B-4, §30-7B-5,
§30-7B-6 and §30-7B-7 of said code, all relating to
recruitment and retention of nurses in the state; codifying
Nursing Scholarship Program; modifying program administration;
specifying program criteria, eligibility and awards;
specifying recipient service or repayment requirement;
continuing the Center for Nursing Fund special revenue
account; modifying account administration, revenues and
expenditures; continuing the West Virginia Center for Nursing;
modifying center powers, duties and purpose; reorganizing the
center’s board of directors; modifying board membership,
powers and duties; authorizing board member expense
reimbursement; requiring cooperation among Higher Education
Policy Commission, Center for Nursing and Board of Directors;
defining terms; requiring legislative rule; authorizing
emergency rule; requiring reports to the Legislative Oversight
Commission on Health and Human Resources Accountability and
the Legislative Oversight Commission on Education
Accountability; deleting obsolete provisions; and making
technical changes.

Be it enacted by the Legislature of West Virginia:

That §30-7B-8 and §30-7B-9 of the Code of West Virginia, 1931,
as amended, be repealed; that said code be amended by adding
thereto a new section, designated §18C-3-4; and that §30-7B-1,
§30-7B-2, §30-7B-3, §30-7B-4, §30-7B-5, §30-7B-6 and §30-7B-7 of
said code be amended and reenacted, all to read as follows:

(a) There is continued in the State Treasury a special revenue
account known as the “Center for Nursing Fund” to be administered
by the commission to implement the provisions of this section and
article seven-b, chapter thirty of this code. Any moneys in the
account on the effective date of this section are transferred to
the commission’s administrative authority. Balances remaining in
the fund at the end of the fiscal year do not expire or revert to
the general revenue. All costs associated with the administration
of this section and article seven-b, chapter thirty of this code
shall be paid from the Center for Nursing Fund under the direction
of the Vice Chancellor for Administration. Administrative costs
are to be minimized and the maximum amount feasible is to be used
to fund awards for students in nursing programs.

(b) The account is funded from the following sources:

(1) A supplemental licensure fee, not to exceed $10 per year,
to be paid by all nurses licensed by the Board of Examiners for
Registered Professional Nurses, pursuant to section eight-a,
article seven, chapter thirty of this code, and the Board of
Examiners for Licensed Practical Nurses, pursuant to section
seven-a, article seven-a, chapter thirty of this code;

(2) Repayments, including interest as set by the Vice
Chancellor for Administration, collected from recipients who fail
to practice or teach in West Virginia under the terms of the
scholarship agreement; and

(3) Any other funds from any source as may be added to the
account.

(c) In consultation with the board of directors of the West
Virginia Center for Nursing, established pursuant to article
seven-b, chapter thirty of this code, the commission shall
administer a scholarship, designated the “Nursing Scholarship
Program”, designed to benefit nurses who practice in hospitals and
other health care institutions or teach in state nursing programs.

(1) Awards are available for students enrolled in accredited
nursing programs in West Virginia. A recipient shall execute an
agreement to fulfill a service requirement or repay the amount of
any award received.

(2) Awards are made as follows, subject to the rule required
by this section:

(A) An award for any student may not exceed the full cost of
education for program completion;

(B) An award of up to $3,000 is available for a student in a
licensed practical nurse education program. A recipient is
required to practice nursing in West Virginia for one year
following program completion;

(C) An award of up to $7,500 is available for a student who
has completed one-half of a registered nurse education program. A
recipient is required to teach or practice nursing in West Virginia
for two years following program completion.

(D) An award of up to $15,000 is available to a student in a
nursing education master’s degree program or a doctoral nursing
program. A recipient is required to teach in West Virginia for two
years following program completion.

(E) An award of up to $1,000 per year is available for a
student obtaining a licensed practical nurse teaching certificate.
A recipient is required to teach in West Virginia for one year per
award received.

(d) An award recipient shall satisfy one of the following
conditions:

(1) Fulfill the service requirement pursuant to this section
and the legislative rule; or

(2) Repay the commission for the amount awarded, together with
accrued interest as stipulated in the service agreement.

(e) The commission shall promulgate a rule for legislative
approval pursuant to article three-a, chapter twenty-nine-a of this
code to implement and administer this section. The Legislature
finds that an emergency exists, and, therefore, the commission
shall propose an emergency rule pursuant to article three-a,
chapter twenty-nine-a of this code by August 1, 2014. The rules
shall provide for the following:

(1) Eligibility and selection criteria for program
participation;

(2) Terms of a service agreement which a recipient shall
execute as a condition of receiving an award;

(3) Repayment provisions for a recipient who fails to fulfill
the service requirement;

(4) Forgiveness options for death or disability of a
recipient;

(5) An appeal process for students denied participation or
ordered to repay awards; and

(6) Additional provisions as necessary to implement this
section.

(f) The commission shall report by December 1, 2014, and
annually thereafter, to the Legislative Oversight Commission on
Health and Human Resources Accountability and the Legislative
Oversight Commission on Education Accountability on the number of
award recipients and all other matters relevant to the provisions
of this section.

CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

ARTICLE 7B. CENTER FOR NURSING.

§30-7B-1. Definitions.

As used in this article, the following words and phrases have
the meanings ascribed to them:

(a) “Board” means the Board of Directors for the West Virginia
Center for Nursing;

(c) Establish and maintain a website to disseminate
information about the center and its mission, and educational
opportunities and financial aid available in West Virginia;

(d) Evaluate capacity for expansion of nursing programs,
including the availability of faculty, clinical laboratories,
computers and software, library holdings and supplies;

(e) Consult with and advise the commission regarding the
commission’s administration of the nursing scholarship program
designed to benefit nurses who practice in hospitals and other
health care institutions or teach in state nursing programs as
provided in section four, article three, chapter eighteen-c of this
code; and

(f) Perform other activities necessary or expedient to
accomplish the purposes and implement the provisions of this
article.

§30-7B-4. Board of directors.

(a) The center is governed by a board of directors consisting
of the following members appointed by the Governor:

(1) Two representatives from the West Virginia Board of
Examiners for Registered Professional Nurses, as follows:

(A) One representing a bachelor or higher degree program; and

(B) One representing an associate degree program;

(2) One representative from the West Virginia Board of
Examiners for Licensed Practical Nurses;

(9) Two citizen members as required by section four-a, article
one, chapter thirty of this code;

(10) Two ex officio, nonvoting members, as follows:

(A) The Secretary of the Department of Health and Human
Resources or his or her designee; and

(B) A representative from WorkForce West Virginia.

(b) Members are appointed for four-year terms. A member may
not serve more than two consecutive terms.

(c) The board shall elect annually from its voting members a
president and a secretary as required by section three, article
one, chapter thirty of this code. A majority of the appointed
members constitutes a quorum.

(d) The Governor shall fill any vacancy within thirty days of
occurrence.

(e) The members of the board who are in office on the
effective date of this section, unless sooner removed, shall
continue to serve until their successors have been appointed and
qualified.

§30-7B-5. Powers and duties of the board of directors.

(a) The board has the following powers and duties:

(1) Determine policy for the operation of the center to
accomplish the purposes of this article; and

(2) Advise the commission on matters pertaining to the
administration of the Nursing Scholarship Program pursuant to
section four, article three, chapter eighteen-c of this code.

(b) The commission shall provide to the board administrative
and professional staff support as needed from the Center for
Nursing Fund.

§30-7B-6. Expense reimbursement.

(a) Members of the board serve without compensation, but may
be reimbursed for actual and necessary expenses incurred for each
day, or portion thereof, in which they are engaged in the discharge
of official duties. Reimbursements are made in a manner consistent
with guidelines of the travel management office of the commission.

(b) The commission shall provide reimbursement for members’
expenses from the Center for Nursing Fund.

§30-7B-7. Reports.

The center shall report by December 1, 2014, and biennially
thereafter, to the Legislative Oversight Commission on Health and
Human Resources Accountability and the Legislative Oversight
Commission on Education Accountability on its progress in
developing a statewide strategic plan to address the nursing
shortage in West Virginia and on any other issues the board
considers relevant to the practice of nursing in this state.
Additionally, the board shall provide drafts of any legislation
needed to implement recommendations of the center’s strategic plan.